SAMP INTERNATIONAL TRADE CO LTD v. DIRECT SOURCE LTD

SAMP INTERNATIONAL TRADE CO LTD v. DIRECT SOURCE LTD

The Master accepted the plaintiff's claim that the defendant owed the outstanding sums under the separate purchase orders, rejected the defendant's asserted deduction/claim for pecuniary loss as a defence to payment, and therefore entered final judgment for the plaintiff for US$34,516,222.59, awarding interest on...

Source-derived case information.

Citation
[2019] HKCFI 844
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 April 2019
Case Number
HCA858/2018
Procedural Posture
Contract Dispute Debt Recovery / Appeal From Master's Judgment
Outcome
Final judgment for plaintiff in the sum of US$34,516,222.59
Legal Topics
Purchase Orders, Breach of Contract, Set Off and Deduction, Interim Payment, Bank Financing and Interest
Source Language
en
Contract Debt Recovery Commercial Law Interest Purchase Orders Breach of Contract Set Off and Deduction Interim Payment +1 more

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Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Contract Dispute Debt Recovery / Appeal From Master's Judgment

Legal Issues

  1. 1 Whether the plaintiff was entitled to recover outstanding invoices under 51 separate purchase order contracts
  2. 2 Whether the defendant was entitled to deduct alleged pecuniary loss for the plaintiff's termination of supply
  3. 3 Whether the plaintiff could recover additional bank interest/charges from the defendant

Ratio Decidendi

The Master accepted the plaintiff's claim that the defendant owed the outstanding sums under the separate purchase orders, rejected the defendant's asserted deduction/claim for pecuniary loss as a defence to payment, and therefore entered final judgment for the plaintiff for US$34,516,222.59, awarding interest on that sum from the date of the writ and costs to the plaintiff.

Court Disposition

Final judgment for plaintiff in the sum of US$34,516,222.59

Orders

  • Final judgment for plaintiff in the sum of US$34,516,222.59
  • Interest on the Judgment Sum at judgment rate from date of Writ until payment